Bill S.65
187th (2011 - 2012)

An Act regarding the reinstatement of parental rights for certain children

Bill Title: An Act regarding the reinstatement of parental rights for certain children

By Ms. Spilka, petition (accompanied by bill, Senate, No. 65) of Spilka for legislation regarding the reinstatement of parental rights for certain children [Joint Committee on Children, Families and Persons with Disabilities].

SECTION 1. Section 3 of chapter 210 is hereby amended by inserting the following after the last paragraph:

(e) A child who has not been adopted within two years after an order is entered terminating parental rights under this chapter or chapter 119, for whom the court has determined after a hearing under section 29B of chapter 119 that adoption is no longer the permanency plan, and who is at least 12 years of age may petition the court to reinstate in full the parental rights of one or both of the child’s former parents. The child shall sign the petition in the absence of a showing of good cause as to why the child could not do so. The court shall order that an evidentiary hearing be held and give notice of the hearing to the child’s former parent or parents as prescribed in section 24 of chapter 119. The court shall grant the petition if it determines by a preponderance of evidence that reinstatement of parental rights is in the child’s best interests. The court shall specify in writing the factual basis for its determination. If the court grants the petition, any prior order dispensing with the need for the parent to receive notice of or to consent to the adoption, guardianship, or custody of, or other disposition regarding, that child shall be deemed vacated.

SECTION 2. Section 1 of this act applies regardless of the whether the two year requirement is met before, on, or after the effective date of this act

Actions for Bill S.65

Date

Branch

Action

1/24/2011

Senate

Referred to Joint Committee on Children, Families and Persons with Disabilities.

1/24/2011

House

House concurred.

10/19/2011

Joint

Hearing scheduled for 10/25/2011 from 10:30 AM-01:00 PM in B-2

2/23/2012

Senate

Bill reported favorably by committee and referred to committee on Senate Ways and Means

1/1/2013

Senate

No further action

Petitioners:
Karen E. Spilka

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